PC Res 3133RESOLUTION NO. 3133
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL APPROVING A CONDITIONAL USE PERMIT (UP
97-17) TO ALLOW THE CONSTRUCTION OF A 640 SQUARE FOOT
SECONDARY LIVING UNIT WITH AN ATTACHED 578 SQUARE FOOT
GARAGE ON PROPERTY LOCATED AT 645 CHAPMAN DRIVE IN AN
R-l-10 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF PETER AND REGINA DRAKE. FILE NO. UP 97-17.
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application LIP 97-17:
The subject lot exceeds the minimum net lot area of 12,000 square feet required for
secondary living units.
The proposed unit complies with all of the development standards for secondary living
units in an R-1-10 zoning district.
o
The proposed development of the subject property complies with the policies and standards
of the San Tomas Area Neighborhood Plan.
The total gross floor area of the proposed unit is no more than six hundred and forty square
feet and contains no more than one bedroom.
o
The proposed project is compatible with the surrounding neighborhood and incorporates
architectural features found in the San Tomas Area, including board and batten wood
siding and a simple hip roof line.
°
The proposed project will contribute to the housing stock in the City of Campbell and serve
the housing needs of the community.
Based on the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed project is consistent with the General Plan and Zoning Ordinance.
2. The proposed project will aid in the harmonious development of the immediate area.
Planning Commission Resolution No. 3133
LIP 97-17 - 645 Chapman Drive - Secondary Living Unit
Page 2
The establishment, maintenance or operation of the use applied for will not be detrimental
to the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood of such proposed use, or be detrimental or injurious to
property and improvements in the neighborhood or to the general welfare of the City.
4 The proposed residential use is compatible with uses in the area.
The applicant is hereby notified, as part of this application, that he/she is required to meet the
following conditions is in accordance with the ordinance of the City of Campbell and the State of
California. Additionally, the applicant is hereby notified that he/she is required to comply with
all applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Approved Project: Approval is granted for a Use Permit to allow a 640 square foot
secondary living unit with an attached 578 square foot, three-car garage on property located
at 645 Chapman Drive. Project approval shall substantially comply with project plans
dated as received by the Community Development Department on October 21, 1997,
except as modified herein in the Conditions of Approval.
Park Impact Fee: The applicant shall pay a Park Impact Fee of $5,635 for the new living
unit prior to issuance of a certificate of building occupancy.
o
Deed Restriction: Applicant shall record a deed restriction, satisfactory to the City
Attorney, setting forth occupancy restrictions stating that not more than one (1) dwelling
unit on the property shall be rented or leased. The deed restriction shall be recorded with
the Santa Clara County Recorders Office and a copy submitted to the Community
Development Department prior to issuance of building permits.
Building Division:
a. The applicant shall provide a modified one (1) hour separation between the garage and
living unit per UBC 302.4.
b. The applicant shall be required to obtain a West Valley Sanitation permit for
connection to the sewer system, prior to issuance of building permits.
c. The approved project must comply with all applicable building codes as determined by
the Campbell Building Official.
Planning Commission Resolution No. 3133
LIP 97-17 - 645 Chapman Drive - Secondary Living Unit
Page 3
Development Approval Expiration: The Use Permit approval (LIP 97-17) for this project is
valid for a period of one year from the Planning Commission approval. All conditions of
approval specified herein must be completed within one year from the date of approval or
the Use Permit shall be void.
CENTRAL FIRE DISTRICT
6. Development Review: Review of this developmental proposal is limited to acceptability
of site access and water supply as they pertain to fire department operations, and shall not
be construed as a substitute for formal plan review to determine compliance with adopted
model codes.
Required Fire Flow: Required fire flow for this project is 1000 GPM at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s)
which are spaced at the required spacing.
o
Flagged Lots: Flagged lots shall conform with all access and water supply requirements
in accordance with Fire Code Article 9. Contact Fire Department for applicable mean of
compliance.
Required Access to Buildings: Portions of the structure(s) are greater than 150 feet of
travel distance along an accessible travel path from an approved fire apparatus access
roadway or driveway. Provide an approved fire apparatus roadway/driveway and
approved turn-around OR provide an approved type residential fire sprinkler system
throughout all portions of the building.
10.
Fire Apparatus (Engine) Access Driveway Required: Provide an access driveway with a
paved all weather surface and a minimum unobstructed width of 12 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet
inside, and a maximum slope of 15%. Installations shall conform to Fire Department
Standard Details and Specifications D~I.
PUBLIC WORKS DEPARTMENT
11. Public Service Easement: Prior to issuance of any building permits for the site, the
applicant shall grant a 5' public service easement on private property contiguous with the
public right-of-way along the Chapman Avenue frontage. Applicant shall prepare all
documents necessary for City review, acceptance, and recording.
12.
Site Plan: Prior to issuance of any building permits, the applicant shall provide a revised
Site Plan including the edge of pavement dimensioned from the center line of the street,
all proposed and/or recorded easements/dedications and any recorded building setback
lines per the recorded tract map.
Planning Commission Resolution No. 3133
UP 97-17 - 645 Chapman Drive - Secondary Living Unit
Page 4
13.
Standard Street Improvements: Prior to issuance of any building permits for the site, the
applicant shall prepare plans, pay fees, post securities and provide insurance necessary to
obtain an encroachment permit for construction of any improvements in the public right-
of-way (such as driveway approach).
14.
Storm Drain Area Fee: Prior to issuance of any grading, drainage, or building permits for
the site, the applicant shall pay the required the storm drain area fee of $2,000 per acre or
$576.
15.
Completion of Public Street Improvements: Prior to issuance of occupancy approval for
the site, all encroachment permit work must be completed and accepted by the City.
16.
Underground Utilities: All new on-site utilities shall be installed underground per Section
20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or
additions.
17.
Storm Water Management: Comply with California Storm Water Best Management
Practices Handbook, prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District.
18.
Water Meters and Cleanouts: Install proposed water meters and sewer cleanouts on
private property behind the public right-of-way line prior to issuance of a certificate of
building occupancy.
19.
Legal Lot: Prior to issuance of building permits, the applicant shall provide information
required by the City Engineer to demonstrate that the "lot" was legally created.
PASSED AND ADOPTED this 11t~ day of November, 1997, by the following roll call vote:
AYES: Commissioners: Francois, Gibbons, Jones, Keams, Lindstrom, Lowe,
Meyer-Kennedy
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
APPROVED: .t~ ~'r~t
'~'~san A. Keam~12hair
Steve Piasecki, Secretary